Illinois Medicaid pays for nursing home care for residents who meet a nursing-facility level of care and the program's financial limits. When a parent's hospital stay ends in a nursing home admission and the private-pay bill climbs past eight or nine thousand dollars a month, Illinois Medicaid is the program that takes over once Medicare's short skilled-care window closes.
This guide explains how Illinois Medicaid nursing home coverage works in 2026: who qualifies medically and financially, why Illinois's unusually high asset limit and its spend-down approach set it apart, how the monthly patient credit is figured, how the at-home spouse is protected, and what estate recovery can reach after death.
In This Guide
- The Short Answer
- Does Illinois Medicaid Pay for Nursing Home Care?
- Medical Eligibility (Level of Care)
- Financial Eligibility: Assets and Income
- What You Pay: The Patient Credit
- Protecting the At-Home Spouse
- The Look-Back Period and Transfer Penalties
- Estate Recovery After Nursing Home Care
- How to Find an Illinois Medicaid Nursing Home
- Frequently Asked Questions
- Learn More
Does Illinois Medicaid Pay for Nursing Home Care?
It does. Medicaid is the main public program that pays for long-term custodial nursing home care, and in Illinois it is run by the Illinois Department of Healthcare and Family Services (HFS), with financial eligibility determined by the Illinois Department of Human Services (DHS). Medicare covers up to 100 days of skilled nursing care per benefit period after a qualifying hospital stay (generally at least three inpatient days), and pays nothing after day 100.Centers for Medicare & Medicaid Services. (n.d.). SNF Care Coverage. medicare.gov. Retrieved Jun 23, 2026, from https://www.medicare.gov/coverage/skilled-nursing-facility-care The long-term, hands-on custodial care most nursing home residents need is not something Medicare pays for. That is the gap Illinois Medicaid fills.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
For a resident who qualifies, Medicaid pays the nursing facility for covered care. The resident contributes most of their income (the patient credit, explained below), and Medicaid covers the rest of the facility's Medicaid rate. Nursing facility coverage is an entitlement for those who qualify, so there is no waitlist for institutional care the way there can be for some home-based services.
Here is what Illinois Medicaid pays for in a nursing home:
- Room and board.
- Skilled and custodial nursing care.
- Help with daily activities like bathing, dressing, and eating.
- Prescription drugs, physician services, and therapies.
- Medical supplies under the facility's daily rate.
Getting there means clearing two separate tests: a medical one and a financial one.
Illinois Medicaid Nursing Home Medical Eligibility (Level of Care)
Before Medicaid pays for a nursing home, the resident has to need that level of care. The clinical bar is called Nursing Facility Level of Care (NFLOC). There is no single federal NFLOC definition; federal law has each state set its own assessment tool and threshold, and Illinois uses a screening called the Determination of Need to confirm the person requires the skilled or custodial care a nursing facility provides rather than a lower level of support.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r(e)(5) — State specifies the resident assessment instrument. uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r&num=0&edition=prelim
In practice, meeting that bar means the resident needs ongoing nursing supervision or substantial hands-on help across the day with activities like transferring, toileting, eating, and managing medications, often alongside a condition like advanced dementia or recovery from a stroke or serious fall. Most older adults entering a nursing home from a hospital meet this bar without difficulty.
If the person's needs are real but could be met at home, Illinois's Community Care Program and its home- and community-based waivers may fit better than institutional Medicaid. The spousal protections described below, though, are the ones Illinois publishes for a nursing-facility case; ask the Care Coordination Unit handling the application how they apply to a home-based case rather than assuming they carry over unchanged.
Financial Eligibility: Assets and Income
Illinois stands out from most states on the financial test, in ways that work in families' favor. The category that covers older adults is AABD Medical (Aid to the Aged, Blind, and Disabled).
The asset limit is unusually high
Illinois raised its AABD Medical countable-asset limit to $17,500 effective May 2023, and that figure is unchanged for 2026. Notably, it does not double for a couple where both spouses apply.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf,Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html
Several assets are also exempt and do not count toward the $17,500 limit:Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
- The primary residence, exempt during the resident's lifetime as long as home equity stays under the cap. For 2026 the federal minimum home-equity limit is $752,000, the figure Illinois applies.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 U.S.C. 1396p(f) - Disqualification for long-term care assistance for individuals with substantial home equity, including the (f)(2) exception and the (f)(4) hardship waiver (uscode.house.gov prelim view, rolling edition; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Sep 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim That cap does not apply at all when the applicant's spouse, or the applicant's child who is under 21 or who is blind or permanently and totally disabled, lawfully lives in the home; in that case the home is exempt as a resource no matter how much equity it holds.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396p(f)(2) - Disqualification for long-term care assistance for individuals with substantial home equity (Office of the Law Revision Counsel, uscode.house.gov). uscode.house.gov. Retrieved Jun 29, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
- One vehicle.
- Household goods and personal effects.
- An irrevocable prepaid burial contract.
Spend-down instead of an income cap
Here is the other way Illinois differs. It is a spend-down state, not an income-cap state. For someone living in the community, the 2026 AABD monthly income standard is 100% of the federal poverty level, $1,330 for one person, and countable income above that standard does not disqualify the applicant.Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html It enrolls the case in spend-down, met by incurring that much in medical or care bills before Medicaid pays for the rest of the month.Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html
For a nursing-home resident the income test works differently, and the difference decides whether some families bother to apply at all. There is no eligibility cap your income has to fall under. Countable monthly income is applied to the cost of care after allowable deductions, and the resident keeps a $60 personal needs allowance. A resident whose Social Security benefit runs well above $1,330 a month is not shut out.Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html
Because Illinois uses spend-down, there is no Miller Trust requirement. Families do not have to set up and fund a qualified income trust the way they would in an income-cap state, where eligibility is barred above a ceiling set no higher than 300% of the federal benefit rate ($2,982 in 2026), unless the excess flows through a trust. For an Illinois nursing home resident, income is applied to the cost of care after allowable deductions, which is why the practical contribution looks like the patient credit described below.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html,Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html
For the full income standards and exempt-asset details, see Illinois Medicaid eligibility and income limits.
What You Pay: The Patient Credit
Once a resident is approved, most of their income goes to the facility each month. Illinois calls the resident's contribution the patient credit (sometimes called the group care credit), and it is calculated in a fixed sequence.
Start with the resident's gross monthly income, then subtract three deductions in order.
Subtract $60 per month in Illinois (raised from $30 effective January 1, 2024), which the resident keeps for personal expenses.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
Health insurance premiums
Subtract the Medicare Part B premium ($202.90 per month in 2026) and any private supplemental-insurance premium.Centers for Medicare & Medicaid Services. (2026). 2026 Medicare Parts A & B Premiums and Deductibles. cms.gov. Retrieved Aug 22, 2026, from https://www.cms.gov/newsroom/fact-sheets/2026-medicare-parts-b-premiums-deductibles
Maintenance allowance for an at-home spouse
Subtract the amount shifted to a community spouse, if there is one (covered next).
Whatever remains is the patient credit paid to the facility, and Medicaid pays the rest of the facility's rate. The resident always keeps the $60 set aside for personal needs.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
The arithmetic is what families most want to see worked through, and it is straightforward once the deductions are in order. Take a single resident with no at-home spouse whose Medicare Part B premium is already covered by a Medicare Savings Program: the patient credit is simply their gross monthly income minus the $60 personal needs allowance.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf The home receives that figure, the resident keeps $60, and Medicaid pays the gap between the patient credit and the facility's Medicaid rate. When there is an at-home spouse or unpaid health-insurance premiums, those deductions come out first and lower the patient credit further.
Protecting the At-Home Spouse
When one spouse enters a nursing home and the other stays in the community, federal spousal-impoverishment rules keep the at-home spouse from being left without resources, and Illinois applies them.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
Two protections do the heavy lifting:
- The Community Spouse Resource Allowance (CSRA) lets the at-home spouse keep a share of the couple's countable assets. Illinois publishes its own standard, $143,172 for 2026, below the federal maximum of $162,660 (the federal minimum standard is $32,532). This is separate from the institutionalized spouse's own limit.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf,Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
- The Community Spouse Maintenance Needs Allowance (CSMNA) is $4,066.50 per month for 2026 in Illinois.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim Read that figure carefully: it is the ceiling on the allowance, meaning the most income that can be shifted over from the nursing-home spouse to bring the at-home spouse's monthly total up to that level. It is not a cap on income the at-home spouse already receives in their own name.
These calculations turn on an asset snapshot taken when care begins and on documented shelter costs, and the dollar difference can be large. For the full mechanics, see Illinois spousal impoverishment protections.
The Look-Back Period and Transfer Penalties
When you apply for nursing-home Medicaid, the state looks back over the previous 60 months of your finances, a window the federal rules call the look-back period. Illinois applies this five-year look-back to assets transferred for less than fair market value.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (OLRC, U.S. Code preliminary release; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
If you gave away money or property during that window, the transfer can create a penalty period, a span when Medicaid will not pay for long-term care, calculated by dividing the uncompensated amount by the state's average monthly private-pay cost of nursing-facility care. It sounds alarming, but it becomes manageable once you see the timeline: the earlier a family understands the rule, the more options it keeps, and an undue-hardship waiver exists where the penalty would deprive the applicant of needed care.Office of the Law Revision Counsel, U.S. House of Representatives. (2026). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (OLRC, U.S. Code preliminary release; text contains those laws in effect on August 1, 2026). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Estate Recovery After Nursing Home Care
After a Medicaid recipient who received long-term care dies, federal law requires every state to seek recovery of what it spent from the person's estate, for recipients who were 55 or older when they received nursing-facility, home- and community-based, or related services.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (Office of the Law Revision Counsel, U.S. Code, prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Illinois carries this out by pursuing recovery against the probate estate of a recipient who was 55 or older and received long-term-care or related services.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
Several protections apply, and they matter more than the fear that drives most families to this question. Recovery may be made only after a surviving spouse has died, and only when there is no surviving child who is under 21 or who is blind or permanently and totally disabled. Every state must also have a procedure to waive recovery in cases of undue hardship.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (Office of the Law Revision Counsel, U.S. Code, prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
Two of those limits are narrower than families usually assume, so read them carefully. The child protection turns on age, not on the child's lifetime: it holds while a child is under 21, and it lifts once that child turns 21, unless the child is blind or permanently and totally disabled. And where a lien has been placed on the home, the separate protection for a relative living there is specific: it covers a sibling who lived in the home for at least a year before the admission, or a son or daughter who lived there for at least two years before the admission and provided the care that let the parent stay out of an institution, and in either case has lawfully lived there continuously ever since. A relative who does not fit that description does not block recovery simply by living in the house.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p — Office of the Law Revision Counsel, U.S. Code (prelim edition, rolling). uscode.house.gov. Retrieved Aug 3, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim
The practical takeaway: because Illinois recovers only from the probate estate, how the home and other assets are titled shapes recovery exposure, so this is a planning conversation worth having with an elder-law attorney before a parent enters a facility. For the full framework, see Illinois Medicaid estate recovery.
How to Find an Illinois Medicaid Nursing Home
Almost every nursing home in Illinois accepts Medicaid, but quality varies widely, and that is the choice that matters most. Two free tools should drive it: Medicare Care Compare, which rates every certified facility, and the Illinois Long-Term Care Ombudsman Program, which places resident advocates in facilities across the state.
Questions worth asking any facility you are considering:
- How many Medicaid beds do you currently have open?
- What is your current five-star rating, and were there any deficiencies in the past year?
- What is your staffing ratio across day, evening, and overnight shifts?
- Will you accept a "Medicaid pending" admission, and how do you bill during the application period?
Frequently Asked Questions
Does Medicaid pay for nursing home care in Illinois?
Yes. Illinois Medicaid pays for long-term nursing home care through AABD Medical for residents who need a nursing-facility level of care and meet the financial limits. It covers room, board, nursing, personal care, and prescriptions. Medicare covers only short-term skilled care after a qualifying hospital stay, up to 100 days per benefit period, and nothing after that; it does not pay for long-term custodial care.Centers for Medicare & Medicaid Services. (n.d.). SNF Care Coverage. medicare.gov. Retrieved Jun 23, 2026, from https://www.medicare.gov/coverage/skilled-nursing-facility-care
What is the asset limit for Illinois nursing home Medicaid?
The countable-asset limit is $17,500 for an individual in 2026, and it does not double for a couple where both spouses apply. The home, one vehicle, household goods, and a prepaid burial are exempt on top of that.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf,Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html
Does Illinois have an income cap or a Miller Trust requirement?
No. Illinois is a spend-down state, not an income-cap state, so the 300%-of-the-federal-benefit-rate ceiling that limits a state's special income level ($2,982 in 2026) does not operate as an Illinois cut-off, and there is no Miller Trust requirement.U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html A community applicant over the AABD income standard qualifies by incurring medical or care costs equal to the excess; for a nursing home resident, income is applied to the cost of care after allowable deductions rather than tested against a cap.Illinois Department of Healthcare and Family Services. (2023). Illinois HFS - Provider Notice: Resource Limit Increase (issued 05/19/2023). hfs.illinois.gov. Retrieved Sep 2, 2026, from https://hfs.illinois.gov/medicalproviders/notices/notice.prn230519a.html
How much of my income do I keep in an Illinois nursing home?
You keep a personal needs allowance of $60 per month, plus deductions for your health insurance premiums and, if you are married, a maintenance allowance for an at-home spouse. The rest is your patient credit, paid to the facility, and Medicaid covers the remainder of the facility's rate.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf
Can my spouse keep our assets if I go into a nursing home?
Yes, within limits. The at-home spouse can keep countable assets up to $143,172 in 2026 under the Community Spouse Resource Allowance, Illinois's own standard.Illinois Department on Aging. (2026). 2026 Illinois Medicaid Income Standards & Resource Limits (Illinois Department on Aging / SHIP) — self-described as ESTIMATES; DHS WAG 25-03-02 is its own named authority for exact figures. ilaging.illinois.gov. Retrieved Aug 4, 2026, from https://ilaging.illinois.gov/content/dam/soi/en/web/aging/ship/documents/medicaidincomeassetlimits.pdf Separately, the Community Spouse Maintenance Needs Allowance of $4,066.50 per month for 2026 sets how high the at-home spouse's monthly income can be brought using income shifted from the nursing-home spouse; it is a ceiling on that allowance, not a cap on income the at-home spouse already has. Both protections are separate from the nursing-home spouse's own asset limit.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), U.S. Code prelim (rolling current edition), Office of the Law Revision Counsel — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r-5&num=0&edition=prelim
Will Illinois take my house through estate recovery?
Illinois recovers only from the probate estate of a long-term care recipient who was 55 or older. Recovery may happen only after a surviving spouse has died, and only when there is no surviving child under 21 or blind or permanently and totally disabled, and every state must waive recovery for undue hardship.Office of the Law Revision Counsel, U.S. House of Representatives. (n.d.). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (Office of the Law Revision Counsel, U.S. Code, prelim edition). uscode.house.gov. Retrieved Sep 4, 2026, from https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p&num=0&edition=prelim Note that the protection for a child under 21 ends when that child turns 21. A relative living in the home blocks recovery only in the narrow case set out above. How title is held affects exposure, so plan ahead with an attorney.
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The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.
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